ASIF MOHD.KHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) ASIF Mohd. Khan has filed this second appeal under Section 331 of the U.P.Z.A. and L.R. Act against the judgment and decree dated 22-4-1995.

(2.) BRIEFLY the facts of the case are that plaintiff-appellant filed a suit under Section 229-B of the U.P.Z.A. and L.R. Act before the learned trial Court. The ground for filing the suit was that the land in question was recorded in the name of the father of the appellant and when his father died he was minor and when he became major then he filed this suit within three month. He also mentioned in the plaint that the land in question which has been notified under Section 20 for Forest but the notification was regarding the State and Gaon Sabha land. This land was not included in the notification by which the certain area of State and Gaon Sabha was notified for the forest. But its mutation was carried out on this disputed plot. Hence the entry be corrected and area be included from that notification.

(3.) THE notification which was issued under Section 20 of the Forest Act is not on record and without the perusal of the original notification it will not be proper for this Court to adjudicate whether the plot in question was included in that notification or not. The interest of justice demands that the case be remanded back to the learned trial Court that the original notification should be summoned and it should be notified whether the plot in question was included in that notification or not. Only then it could be adjudicated upon.